YOU SHOULD CAREFULLY READ THE FOLLOWING AGREEMENT (THE “AGREEMENT”) BEFORE USING W.O.A.L.M. WEBSITE OR USE ANY W.O.A.L.M. SERVICE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THIS PRODUCT OR ACCESS THE ONLINE W.O.A.L.M. SERVICES.
Thank you for your interest in W.O.A.L.M. services and W.O.A.L.M.’s online Tools. This Agreement sets forth the terms and conditions under which you are licensed to use the W.O.A.L.M. membership account to obtain access to the Service, and use Tools on the Service provided to you by W.O.A.L.M. (“W.O.A.L.M.” or “we” or “us”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE W.O.A.L.M. WEBSITE OR ANY OF THE SERVICES. IF YOU REJECT THE TERMS OF THIS AGREEMENT WITHIN FOURTEEN (10) DAYS AFTER YOUR PURCHASE OF A SERVICE FROM W.O.A.L.M., YOU MAY CONTACT US AT https://www.woalm.com VIA THE CONTACT FORM (AT THE BOTTOM OF W.O.A.L.M. MAINPAGE) OR THROUGH TICKET SYSTEM USING YOUR ACCOUNT TO INQUIRE ABOUT A FULL REFUND OF THE PURCHASE PRICE OF OUR SERVICE.
To use the Service, you must register, or have previously established, an account on the Service (an “Account”). Creation and use of Accounts are subject to the following terms and conditions:
You may establish an Account only if: you are a “natural person” and an adult in your country of residence (Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish an Account); and you are not an individual specifically prohibited by W.O.A.L.M. from using the Service.
To add a “Coupon” to an Account, a key generated by W.O.A.L.M. is required. During the Account creation process, you may be required to select a unique username and/or a password (collectively referred to hereunder as “Login Information”). You agree that you will not use your real name as the password for the Account, and that you will not share the Account or the Login Information with anyone other than as expressly set forth in this Agreement.
You are responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information and the Account, including purchases, whether or not authorized by you. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify W.O.A.L.M. at contact support forms.
Subject to the laws of your country of residence, minor children may utilize an Account established by their parent or legal guardian. In the event that you permit your minor child or legal ward (collectively, your “Child”) to use an Account on the Service, you hereby agree to this Agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the Account by your Child whether or not such uses were authorized by you.
Your use of the Services to interact with W.O.A.L.M. and other players is governed by a code of conduct that is maintained and enforced exclusively by W.O.A.L.M.
Grant of License
If you accept and comply with the terms of this Agreement, W.O.A.L.M. will grant and you will receive a non sub-licensable and non-exclusive license to use the Services subject to the “License Limitations”, set forth below:
You may use the Service, W.O.A.L.M. Website and Services for your personal and non-commercial entertainment purposes during the term of this Agreement, unless otherwise the agreement is terminated as set forth in this Agreement.
You may make and distribute copies of the W.O.A.L.M. Website free of charge for other potential users provided they agree to the terms of this Agreement;
You may not transfer your rights and obligations to use the Services.
In certain cases, the “full membership” of services can only be played after you purchase a license to use the Tools. You will be informed of any requirement to purchase a license before you can use our services, and of any time limitations that would affect how long you can play use the Tools.
You may use the Tools you have licensed at publicly available cyber cafes or computer gaming centers on the Service through an Account registered to you on the Service.
You agree that you will not, in whole or in part or under any circumstances, do the following:
Derivative Works: Copy or reproduce, translate, reverse, engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the W.O.A.L.M. Website, Services or Tools;
Accessing or modifying the software of a Service in an manner, not expressly authorized by W.O.A.L.M. ; and/or any code and/or software, not expressly authorized by W.O.A.L.M., that can be used in connection with the W.O.A.L.M. Website, the Services, a Tool and/or any component or feature thereof which changes and/or facilitates the services;
Use third-party software that intercepts, collects, reads, or “mines” information generated or stored by the W.O.A.L.M. Website or Services; provided, however, that W.O.A.L.M. may, at its sole and absolute discretion, allow the use of certain third-party user interfaces;
Create, utilize or transact in any W.O.A.L.M. item created or copied by exploiting a design flaw, undocumented problem, or program bug in the Services or the Tools;
Host, provide or develop matchmaking services for the Tool(s) or intercept, emulate or redirect the communication protocols used by W.O.A.L.M. in any way, for any purpose, including without limitation unauthorized play over the internet, network play (except as expressly authorized by W.O.A.L.M.), or as part of content aggregation networks;
Facilitate, create or maintain any unauthorized connection to the Service or the Tools including without limitation any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and any connection using third-party programs or tools not expressly authorized by W.O.A.L.M.;
Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Services or your rights to the Services to any other party in any way not expressly authorized herein;
Disrupt or assist in the disruption of any computer used to support the Service or any Tools environment; or any other player’s Services experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY SERVICE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
W.O.A.L.M.’s Services may incorporate third-party technology that enables advertising on the Service and/or in certain Services, which may be downloaded temporarily to your personal computer and replaced during online usage. As part of this process, W.O.A.L.M. and/or its authorized third party advertisers may collect standard information that is sent when your personal computer connects to the Internet including your Internet protocol (IP) address.
The Service and certain Tools may provide you an opportunity to upload and display content on the Service and/or as part of a Tool, including the compilation, and/or arrangement of such content (collectively, the “User Content”). User Content specifically does not include a Custom Tool, as defined in Section below. You hereby grant W.O.A.L.M. a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable right and license to exploit the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised. W.O.A.L.M. shall have the unlimited right to copy, reproduce, fix, modify, adapt, change, process, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, market, license, sublicense, transfer, rent, lease, transmit, make publicly available, publicly display, publicly perform, provide access to, broadcast, and practice the User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Content or the elements thereof in conjunction with or into any other material. You represent and warrant that the User Content which you upload to the Service, does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further represent and warrant that you will not use or contribute User Content that is unlawful, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. W.O.A.L.M. may remove any User Content and may related content or elements from the Service at its sole discretion. You hereby waive the right to be identified as the author of the User Content.
The Service allows you to disclose your identity to other users of the Service through the “Real ID” feature provided you have opted in to this feature. Certain features, such as the W.O.A.L.M. website forums, are only available between users of the Service who have opted in to the Real ID feature. Real ID friends can see each other's real name and online status. Your friend will need to approve your request before showing up on your friends list. Please be aware that by sending or accepting a friend request, the real name associated with your account and the character you are logged into will be displayed not only to your friends, but also to all of their Real ID friends. If you are a parent or legal guardian and if you provide your approval to allow your minor child to use your Account, please be aware that your child may opt in to the Real ID Feature and that the real name and online status associated with the Account will be displayed to Real ID friends and to all of their Real ID friends. You may opt out of the Real ID feature at any time by deleting all Real ID friends from your W.O.A.L.M. Account. W.O.A.L.M. is the owner or licensee of all right, title, and interest in and to the W.O.A.L.M. Website, the Service, the Tools, Accounts, and all of the features and components thereof. The Services or the Tools may contain materials licensed by third-parties to W.O.A.L.M., and these third-parties may enforce their ownership rights against you in the event that you violate this Agreement. The following, without limitation, are owned or licensed by W.O.A.L.M.:
All virtual content appearing within the Services or the Tools, such as:
Visual Components: Locations, artwork, structural or landscape designs, animations, and audio-visual effects
Narrations: Themes, concepts, stories, and storylines
Characters: Names and catch phrases of services characters
Items: Names, Stats, Flags etc.
All data and communications generated by, occurring through, the Services or the Tools.
All sounds, musical compositions and recordings, and sound effects originating in the Service or the Tools;
Computer Code, including “Applets” and source code; (pmapper map server source code not included and can be found at http://www.pmapper.net/download.shtml)
Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the Service or the Tools;
Note that W.O.A.L.M. owns all Accounts, and that all use of an Account shall inure to W.O.A.L.M. benefit. W.O.A.L.M. does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer, and any such attempt shall be null and void and may result in the forfeiture of the Account;
All Moral Rights that relate to the Services or the Tool, such as the right of attribution, and the right to the integrity of certain original works of authorship; and the right to create derivative works, and as part of this Agreement, you agree that you will not create any work based on the Services or the Tool, except as expressly set forth in this Agreement or otherwise by W.O.A.L.M. in certain rules or addendum to this Agreement.
Unless W.O.A.L.M. grants you a valid license and alphanumeric key to use and activate the Additional Services, you may not access, use, distribute, copy, or create derivative works based on the Additional Service.
WHEN RUNNING, A SERVICE MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE TOOL. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY SECTION ABOVE. IN THE EVENT THAT THE SERVICES DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, THE SERVICE MAY COMMUNICATE INFORMATION BACK TO W.O.A.L.M., INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND/OR (B) W.O.A.L.M. MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO YOU.
FOR RESIDENTS OF THE EUROPEAN UNION THE WARRANTIES APPLY AS PER APPLICABLE STATUTARY LAW. FOR ANY RESIDENTS OUTSIDE THE EUROPEAN UNION THE FOLLOWING APPLIES: THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. W.O.A.L.M. DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE TOOLS WEBSITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
If you are a resident of Australia, the benefits provided to you by this Limited Warranty are in addition to other rights or remedies you may have under local laws related to the goods to which the warranty applies. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
W.O.A.L.M. is liable in accordance with statutory law in case of intentional breach, in case of gross negligence, for damages arising as result of any injury to life, limb or health or under any applicable product liability act. Gross negligence refers to an action or omission of significant carelessness, demonstrating a clear disregard of one’s basic duties.
Without limiting the foregoing, you agree and acknowledge that W.O.A.L.M. is only liable for slight negligence in case of a breach of a material contractual obligation. Material contractual obligation means any obligation which is necessary for the fulfillment of the Agreement, the breach of which would jeopardize the purpose of the Agreement and the compliance with which one may generally trust in. In such cases, the liability will be limited to the typical and foreseeable damages. Slight negligence means any negligence which is not gross negligence.
W.O.A.L.M. may, from time to time, change or modify this Agreement as the Service, the Tools, and the law evolves. In this case W.O.A.L.M. will notify you of any such changes or modifications by providing special notice. If you do not object to the amended Agreement within one (1) month following the special notice, your continued use of the Service will mean that you accept the amended Agreement. With the special notice W.O.A.L.M. will remind you that your continued use after the expiration of one (1) month following the special notice means that you accept any and all changes. Those changes or modifications will not affect essential characteristics of the service.
This Agreement is effective upon your creation of an Account, and shall remain in effect until for a reasonable period of time. In the event that W.O.A.L.M. chooses to cease providing the Service, or license to a third party the right to provide the Service, W.O.A.L.M. shall provide you with no less than three (3) months prior notice.
If you fail to comply with any terms contained in this Agreement and/or the Services Policies, W.O.A.L.M. will provide you with a warning of your non-compliance. In case of a serious violation of this Agreement or the Services Policies, W.O.A.L.M. will be entitled to immediately terminate this Agreement and the Service without any prior warning. Serious violations are violations of important provisions of this Agreement or repeated violations of other provisions of this Agreement or the Services Policies, including further non-compliance where you already have received a prior warning.
In the event of any termination of this Agreement, your right to access and play Tools will be revoked.
This Agreement shall be governed by and construed in accordance with the laws of France.
The Tools may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Commerce Department's Denied Persons List or Entity List. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
W.O.A.L.M. may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent, as long as the assignment does not reduce your rights under this Agreement. You may not assign this Agreement without W.O.A.L.M.’s prior written consent, and any unauthorized assignment by you shall be null and void.
If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. Our failure to enforce any provision of the Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of the Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
You hereby agree that W.O.A.L.M. would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
W.O.A.L.M. shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of W.O.A.L.M., such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods or accidents.